Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32473 WP No. 13216 of 2018 C/W WP No. 22779 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.13216 OF 2018(LR) C/W WRIT PETITION NO.22779 OF 2016 (LR)
IN WP No.13216/2018 BETWEEN:
1. RANGAPPA, S/O. LATE PARASAPPA, AGED 60 YEARS, AGRICULTURIST, R/O. NAVULE, SHIVAMOGGA CITY - 577 201.
2.
KRISHNAPPA N.H., S/O. LATE HANUMANTHAPPA, AGED 65 YEARS, AGRICULTURIST, R/O. NAVULE, SHIVAMOGGA CITY - 577 201. …PETITIONERS (BY SRI. P.N.HARISH, ADVOCATE) AND:
1. ANNAPOORNAMMA, W/O. LATE J.R.KRISHNAMURTHY, AGED ABOUT 65 YEARS, R/O. BASAVANA BEEDHI, NAVULE, SHIVAMOGGA CITY - 577 201.
2.
KRISHNAMURTHY IYENGAR, S/O. LATE DASHARATH IYENGAR, R/O. 'INDIRA', HOUSE NO.43,
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:32473 WP No. 13216 of 2018 C/W WP No. 22779 of 2016
VINAYAKA LAYOUT, 3RD STAGE, VIJAYANAGARA, BENGALRUU - 560 040.
3.
THE PRESCRIBED AUTHORITY FOR LAND REFORMS AND ASSISTANT COMMISSIONER, SHIVAMOGGA SUB DIVISION, SHIVAMOGGA - 577 201. …RESPONDENTS (BY SMT.SHARADA H.V., AGA FOR R3;
SRI.SATEESH CHANDRA K.V., ADVOCATE FOR R1;
R2 - KRISHNAMURTHY IYENGAR SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.7.2001 PASSED BY R-3 VIDE ANNEX-D AND THE
ORDER OF THE KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO.196/2016 DATED 19.1.2018 VIDE ANNEX-H.
IN WP NO.22779/2016 BETWEEN:
1. RANGAPPA, S/O LATE PARASAPPA, AGED 58 YEARS, AGRICULTURIST, R/O NAVULE, SHIVAMOGGA CITY - 577 201.
2.
KRISHNAPPA N.H., S/O LATE HANUMANTHAPPA, AGED 63 YEARS, AGRICULTURIST, R/O NAVULE, SHIVAMOGGA CITY - 577 201. ...PETITIONERS (BY SRI. P.N.HARISH, ADVOCATE)
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HC-KAR NC: 2026:KHC:32473 WP No. 13216 of 2018 C/W WP No. 22779 of 2016
AND:
1.
STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
THE LAND TRIBUNAL, SHIVAMOGGA, SHIVAMOGGA TALUK, SHIVAMOGGA - 577 201.
REPRESENTED BY ITS CHAIRMAN.
3.
KRISHNAMURTHY IYENGAR, S/O LATE DASHARATH IYENGAR, R/O PANCHAVATHI APARTMENTS, D.NO.20, 4TH CROSS, SRIRAMAPURA, BENGALURU - 560 021. ...RESPONDENTS (BY SMT.SHARADA H.V., AGA FOR R1 & R2;
R3 - KRISHNAMURTHY IYENGAR SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER OF THE R-2 DATED 15.5.2012 PASSED IN CASE NO.LRF.NVL.4/2000-01 VIDE ANNEX-D AND THEREBY DIRECT THE R-1 AND 2 TO TRANSFER THE DECLARATION FILED BY THE FIRST PETITIONER VIDE ANNEX-A TO THE PRESCRIBED OFFICER OF THE PRESCRIBED AUTHORITY FOR LAND REFORMS TO ADJUDICATE THE SAME IN ACCORDANCE WITH LAW.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
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HC-KAR NC: 2026:KHC:32473 WP No. 13216 of 2018 C/W WP No. 22779 of 2016
ORAL ORDER Heard the learned counsel appearing for the parties. 2. Sri P.N.Harish, learned counsel appearing for the petitioners invited the attention of the Court to the application made by the petitioners herein seeking occupancy right under Section 77A of the Karnataka Land Reforms Act, 1961, particularly considering Form No.7A and submitted that the Land Tribunal has no jurisdiction to entertain the Form No.7A and therefore, sought for interference of this Court on the ground of jurisdiction. 3. Per contra, Sri Sateesh Chandra K.V., learned counsel appearing for the rival claimant insofar as the land in question is concerned, submitted that, the petitioners herein have approached the competent authority after more than 14 years and as such, the Karnataka Appellate Tribunal by order dated 19.01.2018 (Annexure-H) in Appeal No.196/2016, dismissed the claim made by the petitioners and accordingly, sought for dismissal of the petition. - 5 -
HC-KAR NC: 2026:KHC:32473 WP No. 13216 of 2018 C/W WP No. 22779 of 2016
4. Smt. Sharada H.V., learned AGA sought to justify the impugned order. 5. In respect of the plea raised by the learned counsel appearing for the petitioners as to the jurisdiction of the competent authority to entertain Form No.7A under the Karnataka Land Reform Act, 1961, is concerned, the provision under Section 77A of the Act, made it clear that the Deputy Commissioner is empowered to, pass an order insofar as the claim made by the petitioners/claimants therein in Form No.7A. It is also to be noted that the Deputy Commissioner would, delegate the same to the authorized person, to conduct an enquiry as to the Form No.7A. 6. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioners that the Land Tribunal has no jurisdiction to entertain the application and conduct the proceedings under the aforementioned Act. - 6 -
HC-KAR NC: 2026:KHC:32473 WP No. 13216 of 2018 C/W WP No. 22779 of 2016
7. In the result, the writ petitions are allowed.
In WP.No.22779-780/2016, the order dated 15.05.2012 in LRF.NVL.4/2000-01 (Annexure-D) is hereby quashed and respondent Nos.1 and 2 are directed to, place the application made by the petitioners as well as respondent No.3 herein before the competent authority in terms of Section 77A of the Act. 8. In WP.No.22779/2016, the Tribunal has no jurisdiction to entertain the application in Form No.7A. Accordingly, the jurisdiction is not vested with respondent No.2-Land Tribunal. Accordingly, respondent No.2 is
directed to place the Form No.7A made by the petitioners herein before the competent authority in terms of Section 77A of the Act.
9. In view of the fact that the matter has been delegated to the competent authority under Section 77A of the Act, all further proceedings thereto insofar as the Form No.7A is concerned, stands quashed and the matter is remanded to the competent authority accordingly. The
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HC-KAR NC: 2026:KHC:32473 WP No. 13216 of 2018 C/W WP No. 22779 of 2016
competent authority under Section 77A of the Act shall expedite the proceedings and take decision in accordance with law.
SD/- (E.S.INDIRESH) JUDGE
PB List No.: 1 Sl No.: 36